United States Coal & Coke Co. v. Cecil

Maxwell, Judge:

This action of ejectment involves only minerals. In the trial court a directed verdict was returned for the plaintiff for the possession in fee simple of the minerals described in the declaration, except two small parcels disclaimed by defendants. The defendants obtained this writ of error to the judgment entered upon the verdict.

The controversy centers closely around the following language appearing in a deed of Joseph Hatfield and wife to Henry R. Phillips, Trustee, October 15, 1889: “Witnesseth: That for and in consideration of the sum of Eighteen Hundred Dollars paid in…